LUBBOCK, Texas — The attorney for William “Kyle” Carruth made a statement Wednesday in response to the release of video of a November 5 deadly shooting.
Carruth was named in family court records as the man who shot and killed Chad Read, 54, in the 2100 block of 90th Street. Police have not filed charges nor have police said publicly if investigators believe the shooting was self-defense.
The video was released by the attorney for Read’s widow, Matthew L. Harris. It depicts the confrontation between Read and Carruth in the moments before the shooting. In the video, Carruth told Read to leave. Carruth steps out momentarily to get a gun while Read had heated words with a woman identified in family court records as Read’s ex-wife.
Read and the woman were arguing over issues related to child custody.
Making the case for self-defense
Carruth returned with a gun and repeated his demand that Read leave. At that point, the video depicts Read saying Carruth can go ahead and “use it, m***** f***** because G** d***** I’ll take it from you!”
Carruth’s attorney, David M. Guinn with Hurley, Guinn & Singh, said the shooting was self-defense.
“All Texans may lawfully brandish a firearm to protect themselves, their property and their business.” Guinn said.
“When Kyle did that, Chad Read advanced on him,” Guinn said.
Guinn also emphasized Read’s threat to take the gun from Carruth.
“And instantaneously, he tried to take the gun away from Kyle,” Guinn said. “In doing so he was power enough to sling Kyle 180 degrees around on Kyle’s patio.”
“Raising his left leg, he was continuing his advance on Kyle, threatening him and posing an immediate threat. Kyle responded,” Guinn said. “This is a justifiable homicide.”
Guinn says LPD handled it correctly
Lubbock County Criminal District Attorney Sunshine Stanek recused her office from prosecuting the case. The case was handed off to the Texas Attorney General.
News organizations in Lubbock including EverythingLubbock.com questioned the transparency of Lubbock Police after the shooting, not for holding back Carruth’s name, but for holding back details of what led to the shooting in a police report. Holding back a name of a suspect or potential suspect is standard procedure prior to the filing of charges.
Carruth was in the process of divorcing State District Judge Ann-Marie Carruth. Those records were sealed after one news outlet, lubbockonline.com, was able to access an affidavit from Judge Carruth.
But Guinn praised the Lubbock Police Department’s handling of the case.
“It is my opinion, because of their knowledge of all the facts and the Texas Castle Doctrine and having done a thorough job, LPD knew this was a justifiable homicide,” Guinn said.
“They knew they lacked probable cause, and did not arrest him,” Guinn said. Probable cause is a standard of evidence required for the filing of charges.
“I’m sure this and other information will be provided to a Lubbock County grand jury for further review,” Guinn said. “Kyle cooperated with law enforcement. Our hopes are that a Lubbock grand jury will do a thorough investigation of all the facts and will clear Mr. Carruth.”
Everyone regrets the entire situation
“Everyone regrets the entire situation,” Guinn said.
“Though Read came unarmed, he announced his intent to kill Kyle Carruth with Kyle’s own gun and took immediate powerful action to do so,” Guinn said. “[It] was unsuccessful.”
Guinn released a second video to EverythingLubbock.com in his support of his case for Carruth’s self-defense.
“Careful study of the video showed Kyle’s gun was brandished but never pointed at Read,” Guinn said. “It was only after Mr. read said ‘I’ll take your gun,’ and slinging him across the patio like a scarecrow — then stepped toward him — that Mr. Carruth pointed the gun at Mr. Read.”
WARNING: The video below may be disturbing to some. Viewer discretion is advised. EverythingLubbock.com beeped out some bad language and blurred the moment of the last two gunshots.
Guinn says Read was looking for confrontation
Guinn took it a step further and said Read might have been looking for a confrontation.
Guinn said, “Through my own investigation I have become aware that Mr. Read seemed obsessed with Mr. Carruth and even the night before approached two prominent Lubbock citizens at dinner — discussing his desire to see harm come to Mr. Carruth – specifically that someone needed to kick his a**.”
“Every cop knows that someone who is screaming they’re gonna take your gun and kill you with it, with their hands on that cop’s gun, and advancing, that’s a situation that justifies using deadly force,” Guinn said. “The same protection holds for citizens as well.”
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